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December 12, 1997

USDA Proposed Rule Excludes Biosolids For Use In Organic Farming

To facilitate commerce in organically produced fresh and processed food, and to assure consumers that such products meet consistent standards, the U.S. Department of Agriculture (USDA) issued its proposed National Organic Program in the Federal Register on Dec. 16. The program, proposed under the Organic Foods Production Act of 1990, requires the establishment of national standards to govern the marketing of organically produced agricultural products. This rule would establish national standards for the organic production and handling of agricultural products, and would include: a list of synthetic substances approved for such use; labeling requirements; and an accreditation program.

A USDA organic seal would apply to processed foods containing at least 95% organic ingredients. Foods containing 50-94 % organic ingredients would be labeled as "made with certain organic ingredients." A USDA advisory group, the National Organics Standards Board (NOSB), recommends classifying biosolids as "synthetic" and inappropriate for use in organic crop production. The NOSB views biosolids as a complex mixture of components and pollutants surrounded by an organic matrix derived from industrial and commercial effluents. The proposal references the Part 503 sewage sludge regulation relating to the amount of cadmium and lead that can be applied to the soil, the amount of PCBS in the biosolids, and the relative accumulation of heavy metals into edible plant parts. Under these and other restrictions contained in Part 503, the NOSB contends that biosolids can be safely used in conventional agriculture. However, the viability of a significant number of biosolids beneficial use programs in the U.S. may be compromised if this policy holds up in the final rule.

The proposed rule was issued over objections made by EPA and flies in the face of good science and public considerations. It allows the use of raw animal manure in organic crop production with little or no animal manure quality requirements, such as pathogen reduction, or elimination and management practices, site controls, and harvesting restrictions as are required under Part 503 sludge regulation. Neither does the proposed rule contain any technology or performance standards for the composting process as is required for biosolids composting under the Part 503 Rule. During the interagency review process, EPA requested that the proposal be corrected to omit practices that may cause disease, and to include biosolids as a suitable material for organic food production.

USDA is inviting comments on whether the use of biosolids should be permitted or prohibited in organic production. USDA also invites comments on the classification of biosolids as a synthetic vs. non­synthetic substance. Comments should detail the basis for the recommendation, including the agricultural, policy, technical, or scientific factors. The 90-day comment period ends on March 16, 1998. AMSA members will receive the rule via Regulatory Alert 97-27. Comments are due back to the National Office by Jan. 9th.

Browner Signs Proposed Stormwater Phase II Rule

A proposed rule regulating stormwater discharges from small municipal separate sewer systems and small construction sites was signed on Dec. 15 by EPA Administrator Carol Browner. The proposed rule would require smaller municipalities within urbanized areas to apply for NPDES permit coverage by May 31, 2002 and implement a mix of best management practices to "reduce the discharge of pollutants to the maximum extent practicable and protect water quality." EPA expects publication of the proposal in the Federal Register by the end of the year. The public comment period is expected to last 90 days, and will include six public hearings held across the country. AMSA will distribute the proposal to members for review and comment upon publication in the Federal Register. If you would like to receive an immediate copy of the proposal, please contact Mark Hoeke at AMSA at 202/833-9106.

There will be no Friday FaxAlerts on December 26 and January 2 due to the holiday season.